Excerpt: ...bers” 3. Para. 18, p. 4, l. 26: “and the Class Members” 4. Para. 18, p. 4, l. 27: “and the Class Members” 5. Para. 18, p. 5, l. 2: “and the Class Members” 6. Para. 19, p. 5, l. 5: “and the Class Members” 7. Para. 20, p. 5, l. 9: “and the Class Members” 8. Para. 21, p. 5, l. 11: “and the Class Members” [nos. 1-8 have already been deleted and are not found in the Corrected 6AC] 9. Para. 25, p. 5, ll. 25-26: “and is in a ...

Excerpt: ... class claims set forth in first through seventh causes of action, to allow him to proceed in court with his eighth cause of action for PAGA violations, and to deny the motion to arbitrate as moot. (ROA 271.) Although it is not expressly stated, the Court construes Petersson's request to dismiss the first through seventh causes of action as a request to dismiss the claims in their entirety—both class and individual claims. Petersson is to confi...

Excerpt: ...ill be effective on the filing of the proof of service of the Order upon the client. Motion for Entry of Judgment The Court's current thinking is to GRANT the motion for entry of judgment and ACCEPT Gray1's proposed judgment because it better protects Gray1's right to be paid on its judgment lien before Gulfstream can obtain title and possession to the foreclosed properties. That being said, the Court is considering delaying entry of judgment in ...

Excerpt: ...elevant evidence is admissible by judicial notice.” (Golden Gate Land Holdings LLC v. East Bay Regional Park District (2013) 215 Cal.App.4th 353, 366.) The Court did not consider the federal district court cases against Holding Corp. in ruling on this motion, so specific orders and documents in those cases are not relevant. The threshold issue of whether Plaintiffs are employees of Imperial Girls and/or IEC is not at issue here. (ROA 122, Motio...

Excerpt: ...all be submitted as well. As to the Settlement: 1. Please provide estimates and calculations for the total potential value of all claims. Also, the class size of 1,983 was as of 07/31/17. (Settlement ¶¶ 1.39, 3.1.) Please provide an update on the class size and provide calculations based on the revised class size. 2. As to the requested enhancement payment, at final approval Plaintiff is to submit a declaration that addresses the factors set fo...

Excerpt: ... trust petition hearing. Two motions (ROA 275 and 295) were filed by Petitioner Deutsche Bank National Trust Company, solely as Trustee for the Securitized Asset Backed Receivables LLC Trust 2007-BR2 (“Trustee”) and two other motions (ROA 302 and 311) were filed by Non-Party WMC Mortgage, LLC (“WMC”). It appears that both the Trustee and WMC are seeking to seal the same or similar records, so the Court will consider the motions together. ...

Excerpt: ...n the related case, OCSC no. 2016-00880632, the Court GRANTS in part and DENIES in part, as more specifically set forth in the ruling in the related case. The Court notes that the portions of the documents sought to be sealed are virtually the same, except that the page numbers may be different. With respect to those portions of the record receiving approval for sealing, the Court finds: (1) There exists an overriding interest that overcomes the ...

Excerpt: ... Defendant's objections (ROA 596) are SUSTAINED. Defendant argues that Plaintiffs' claims are barred by the doctrine of res judicata. It argues that there was a court-approved settlement in a separate PAGA action - Thanh Le v. CashCall, Inc., Case No. 2014-00724582 (the “Le Action”), the Le Action was dismissed with prejudice, and both the settlement and dismissal covers the same PAGA penalties and same aggrieved employees over the same alleg...

Excerpt: ...sts for Admissions (Set One) and Request for Monetary Sanctions Defendant's Demurrer to the First Amended Complaint Defendant American Financial Network, Inc.'s Demurrer to the First Amended Complaint is OVERRULED. Defendant's request for judicial notice is GRANTED. (ROA 49.) Defendant contends that Plaintiff Alejandro Pichardo (“Plaintiff”) has impermissibly split causes of action by virtue of filing two separate actions against Defendant. T...

Excerpt: ... submitted, a redline version showing all changes, deletions and additions shall be submitted as well. 1. Please provide proof of service of the Settlement Agreement to the LWDA. (Labor Code § 2699(l).) 2. Defendant is to declare whether or not there are any pending PAGA actions or putative or certified class actions with a PAGA claim that overlaps with the claims in this action. 3. Please provide estimates and calculations for Defendant's total...

Excerpt: ...ntially the same claim as the second cause of action for equitable subrogation. The Court agrees and the demurrer is SUSTAINED without leave to amend. Furthermore, it appears that the dispute in the Underlying Action is no longer pending and Mercury made its last payment to KB Home in 2015, and that Mercury is simply seeking a declaration that it is entitled to recover some or all of the money it has already paid to KB Home with respect to the Un...

Excerpt: ...tion Costs Petitioner seeks to tax $3,776.23 of the requested $13,240.37 in deposition costs, as excessive and not reasonable or necessary. He takes issue with two items: (1) the charge of $1,876.23 for Respondent's counsel's travel costs for his deposition; and (2) the $2,500 appearance fee for his expert, Dr. Wolfe at deposition. As to the travel costs for Petitioner's deposition, the Court GRANTS Petitioner's request, but in the reduced amount...

Excerpt: ... submitted, a redline version showing all changes, deletions and additions shall be submitted as well. 1. Please provide proof of service of the Settlement Agreement to the LWDA. (Labor Code § 2699(l).) 2. Defendant is to declare whether or not there are any pending PAGA actions or putative or certified class actions with a PAGA claim that overlaps with the claims in this action. 3. Please provide estimates and calculations for Defendant's total...

Excerpt: ...mount for attorney fees and awards this amount, split equally between the two firms. In making this award, the Court has considered all relevant factors. Costs are awarded in the amount of $10,049.78. Plaintiff is awarded an enhancement of $10,000. In making this award, the Court has considered the time and effort Plaintiff expended in prosecution of this action, the benefit conferred on the Class, and all other relevant factors. Pursuant to CCP ...

Excerpt: ...tion Costs Petitioner seeks to tax $3,776.23 of the requested $13,240.37 in deposition costs, as excessive and not reasonable or necessary. He takes issue with two items: (1) the charge of $1,876.23 for Respondent's counsel's travel costs for his deposition; and (2) the $2,500 appearance fee for his expert, Dr. Wolfe at deposition. As to the travel costs for Petitioner's deposition, the Court GRANTS Petitioner's request, but in the reduced amount...

Excerpt: ...ntially the same claim as the second cause of action for equitable subrogation. The Court agrees and the demurrer is SUSTAINED without leave to amend. Furthermore, it appears that the dispute in the Underlying Action is no longer pending and Mercury made its last payment to KB Home in 2015, and that Mercury is simply seeking a declaration that it is entitled to recover some or all of the money it has already paid to KB Home with respect to the Un...

Excerpt: ...sts for Admissions (Set One) and Request for Monetary Sanctions Defendant's Demurrer to the First Amended Complaint Defendant American Financial Network, Inc.'s Demurrer to the First Amended Complaint is OVERRULED. Defendant's request for judicial notice is GRANTED. (ROA 49.) Defendant contends that Plaintiff Alejandro Pichardo (“Plaintiff”) has impermissibly split causes of action by virtue of filing two separate actions against Defendant. T...

Excerpt: ...larity in the proceedings of the court, jury or adverse party, or any order of the court or abuse of discretion by which either party was prevented from having a fair trial. [¶¶] 6. Insufficiency of the evidence to justify the verdict or other decision, or the verdict or other decision is against law. [¶] When a new trial is granted, on all or part of the issues, the court shall specify the ground or grounds upon which it is granted and the co...

Excerpt: ...econd and third causes of action in the Complaint pursuant to CCP § 425.16. Preliminary Issues Defendants' request for judicial notice is GRANTED. (ROA 10.) Plaintiff WRW Properties, LLC's request for judicial notice (ROA 54-58) is DENIED as to Exhs. 2-4, 6, 16, and 33-36, and GRANTED as to Exhs. 1, 5, 7-15, and 17-32. Defendants' objections (ROA 68) were considered in ruling on Plaintiff's request for judicial notice. With respect to the Meyer ...

Excerpt: ...ine version showing all changes, deletions, and additions shall be submitted as well. Notwithstanding this continuance, the parties are required to appear on March 2 for the status conference in this case. As to the Settlement: 1. For those claims in the operative 4AC that are not part of this Settlement, Plaintiff intends to dismiss certain claims and pursue others. (Settlement ¶¶ 45, 78.) Moreover, on 02/27/18 Defendant filed a motion to cons...

Excerpt: ...rt OVERRULES objection to ¶ 30 and SUSTAINS all other objections. The Court OVERRULES objections to the Fichter Declaration (ROA 51) and the Newman Declaration (ROA 79). The Court GRANTS Edison's request for judicial notice. (ROA 46.) General Law Where, as here, a motion for prejudgment possession is opposed, the Court may grant the requested relief if it finds each of the following: (A) The plaintiff is entitled to take the property by eminent ...

Excerpt: ... to Strike 4)Plaintiffs Daisy Martinez and Douglas Lindgren's Joinder in Defendant's Motion to Strike Before the Court is Defendant Inter-Con Security Systems, Inc.'s (“Defendant”) motion for an order striking from the record (1) Plaintiff Daniel Piggue's (“Piggue”) Opposition to Motion for Preliminary Approval and all papers filed in support thereof, and (2) and his Reply in support of Motion for an Order to Deem Counsel Inadequate and/o...

Excerpt: ...re: Matter of Sheehan v. Applied Medical Resources Corp, OCSC Case no. 2016- 00894581, should not be deemed related to these cases, transferred to this department and/or consolidated with these cases. 4)Plaintiff Da Loc Nguyen's Order to Show Cause as to Why Stay Claims Should not be Lifted OSC re: Why the matter of Sheehan v. Applied Medical Resources Corporation, OCSC case no. 2016-00894581, should not be deemed related to Nguyen v. Applied Med...

Excerpt: ... CCP 583.420 for Failure to Serve Cross-Complaint Within Two Years of It's Filing as to Carrier Johnson Motion of Graham Downes Architecture, Inc. (“GDA”) to Dismiss Turner Construction Company's (“Turner”) Cross-Complaint GDA's motion for an order dismissing Turner's Cross-Complaint against GDA for delay in prosecution on the ground that Turner failed to serve GDA within two years of the filing of the Cross- Complaint is DENIED. The Cour...

Excerpt: ...dent contractor” and readily assumes Defendant Star Pro treated or classified its employees as “independent contractors,” when the question of whether or not the employees were misclassified as independent contractors is essentially the subject of this litigation. They further contend that the “community of interest” element is absent; i.e. that there is no predominant question of law or fact because of the different categories of subcl...